Nash v. Ferrabow

• Decision Date: 27 November 1894
• Citation: 115 N.C. 303,20 S.E. 458
• Court: North Carolina Supreme Court
• Parties: NASH. v. FERRABOW et al.

20 S.E. 458

115 N.C. 303

NASH.

v.FERRABOW et al.

Supreme Court of North Carolina.

Nov. 27, 1894.

Assumpsit—Complaint.

A complaint which states that plaintiff made a contract with an association, through its authorized officers, whereby it agreed to remunerate him for services rendered, and that the association had not made the payments agreed upon, and that the officers were liable for the amount due, does not state a cause of action against the officers personally.

Appeal from superior court, Granville county; Shuford, Judge.

Action by H. A. Nash against D. C. Ferrabow and others to recover for services performed. From a judgment in favor of defendants, plaintiff appeals. Defendants moved to dismiss, on the ground that the complaint did not state a cause of action. Granted.

The following is a copy of the complaint: "The plaintiff complains and alleges: (1) That on the 1st day of April, 1890, the plaintiff and the defendants entered into an agreement in writing of which the following is a copy, to wit: 'This agreement, made this the 11th day of April, 1890, between the properly authorized officers of the Stem Citizens' Association, whose names are appended, of the county of Granville and state of North Carolina, of the first part, and Dr. H. A. Nash, of the county of Wake and state aforesaid, of the second part, witnesseth: The said Citizens' Association agree to pay unto the said Dr. Nash for professional services rendered unto the various families composing the said association the sum of fifteen hundred dollars per annum, quarterly in advance, and the said Dr. H. A. Nash agrees to furnish such medicines as are usually furnished by country physicians, and to give prompt attention to patients belonging to the said association; and, in the event that parties belonging to the association and those not belonging to the same should send for him at the same time, he agrees to give the citizens of the association the preference. As to fees charged by the physician for practice, these are arranged entirely by the association as to its membership. As to outside parties, the association has nothing to do. We have already $1,000 subscribed, and we pledge ourselves to use our best efforts to secure the remaining $500. D. C. Ferrabow, Chairman. John C. Hud-gins, M. C. Washington, Committee. H. A. Nash, Doctor. J. W. Brown, Secretary.' (2) That the defendants were, at the time of their entering into said agreement with the plaintiff, who is the Dr. H. A. Nash mentioned in said agreement, members of said Stem Citizens' Association, and thereby became and are liable to plaintiff for the payment to him of said sum of $1,500, according to the stipulations contained in said agreement. (3) That plaintiff faithfully performed his part of said agreement according to the stipulations contained therein. (4) That said defendantshave paid to plaintiff, In part satisfaction of their said liability, the sum of $472 only. (5) That said defendants are indebted to plaintiff, after crediting them with said sum of $472, in...